03/12/1992

UCCSN Board of Regents' Meeting Minutes
March 12-13, 1992








03-12-1992

Pages 1-8



                         BOARD OF REGENTS

         UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA

                          March 12, 1992



The Board of Regents met on the above date in a special meeting

in the Conference Room, System Administration building, 2601

Enterprise Road, Reno.



Members present:  Mrs. Carolyn M. Sparks, Chairman

                  Mrs. Shelley Berkley

                  Dr. Jill Derby

                  Dr. James Eardley

                  Mr. Joseph M. Foley

                  Mrs. Dorothy S. Gallagher

                  Dr. Lonnie Hammargren

                  Mr. Daniel J. Klaich

                  Mrs. June F. Whitley



Others present:   Chancellor Mark H Dawson

                  President Anthony Calabro, WNCC

                  President Joseph Crowley, UNR

                  President John Gwaltney, TMCC

                  President Robert Maxson, UNLV

                  President Paul Meacham, CCSN

                  President Ron Remington, NNCC

                  President James Taranik, DRI

                  Mr. Donald Klasic, General Counsel

                  Mr. Ron Sparks, Vice Chancellor

                  Ms. Mary Lou Moser, Secretary



Also present were Faculty Senate Chairmen Bill Baines (TMCC),

Diane Dietrich (Unit), Larry Goodnight (WNCC), Ed Nickel (NNCC),

Lonnie Pippin (DRI), Elizabeth Raymond (UNR), and Lori Temple

(UNLV).



Chairman Sparks called the meeting to order at 11:32 A.M., ex-

plaining that the air flight had been detained an hour in Las

Vegas, thus the meeting was starting an hour later than had been

scheduled.



All Regents were present with the exception of Dr. Jill Derby.



 1.  Approved the Use of Up to $10,000 for Planning Study of

     Site for Proposed Land in Clark County



     Approved the use of up to $10,000 of Special Projects Funds

     for a planning study of a proposed site consisting of 111

     acres adjacent to the airport in Las Vegas.  Dr. Hammargren

     had proposed at the December, 1991 meeting that the Board

     obtain from the Clark County Commission approximately 110

     acres of BLM land located at the end of the airport runway.

     Subsequently, Chancellor Dawson met with the Clark County

     Commission to learn there was a law suit pending on the use

     of the land, which probably will take several years to clear

     the courts.  Dr. Hammargren then requested a meeting with

     the Clark County Airport Authority and Chancellor Dawson

     reported that he, President Meacham, Gordon Gochnour, CCSN,

     and Mr. Robert Mc Caffery had attended.  It was stated by

     Mr. Robert Broadbent that the Airport Authority would oppose

     using the land for any educational classrooms because of the

     noise problem.  The land in question is at the end of one

     of the runways.  Mr. Broadbent stated that the Authority

     would need to review a plan for the acreage before making

     a final determination.



     Chancellor Dawson recommended the Board authorize up to

     $10,000 for the development of plans for the property.

     President Meacham related that there has been a Community

     College in Texas located at the end of a runway.  In con-

     tacting the College, he was told that plane landings did

     not bother, but the noise was "unbearable" on takeoffs,

     even though the buildings had been constructed with noise

     abatement in mind.



     Dr. Hammargren presented a handout on the "University Park

     Proposal", which included a map of the airport traffic and

     noise centers.  He stated that 60% of the UNLV Campus, also

     located within the airport traffic pattern, is in a noisier

     area than is the proposed site.



Regent Derby entered the meeting.



     Mr. Foley stated he would agree if the land can be obtained

     from the BLM under the same conditions as that which is now

     the West Charleston Campus of CCSN.  Chancellor Dawson ex-

     plained that if the land can be obtained from the County

     the conditions would be the same as that of West Charleston

     Campus; however, if the law suit goes against the County,

     the cost could be substantial.  General Counsel Klasic add-

     ed that in his discussions with the County, he was told

     that the plaintiff has expressed his desire to take the case

     to the Supreme Court if he loses in District Court, and

     this could tie up the property for an even longer period of

     time.



     Mrs. Gallagher moved that the Board authorize the Chancellor

     to expend up to $10,000 for development of plans of the pro-

     posed site.  Mrs. Whitley seconded.  Motion carried.



 2.  Approved the Budget Reduction Plans for the Computing Center



     Approved the budget reduction plans as presented for the

     UCCSN Computing Center.  At its February meeting, the Board

     had approved all budget reduction plans except for the

     Computing Center, stating it wished further discussion in

     light of information the members had received from UNLV in

     connection with another computer to be located on that

     Campus.



     Vice Chancellor Sparks reviewed the UCCSN 1991-93 Biennial

     Budget Priority Requests for New Funding, which included

     personnel and equipment for Administrative Computing at the

     Southern Regional Data Center in the amount of $4.6 million,

     and the completion of the Management Information System in

     the amount of $2.3 million.  The Governor in his budget

     recommended only the $2.3 million to complete the Manage-

     ment Information System, but did not recommend the $4.6

     million which would have provided the equipment for the

     Southern Data Center.  Vice Chancellor Sparks stated that

     the Presidents had reviewed and recommended, and the Board

     had approved in February, 1991 the mainstream administrative

     computing budget alternative A and B:



         Alternative A:  No Additional Legislative Funding

                         Beyond the Governor's Recommendation



             Acquire and implement new Financial System (as per

             approved plan)



             Begin Human Resources System Project



             Upgrade existing computer (add capacity)



             Defer acquisition of new computer (Las Vegas) to

             next biennium



             Defer implementation of Human Resources System

             to next biennium



         Alternative B:  Additional 91/93 Legislative Funding

                         ($1,030,000)



             Acquire and implement new Financial System (as per

             approved plan)



             Acquire and implement Human Resources System (as

             per approved plan)



             Acquire (lease), install and operate second computer

             (as per approved plan)



     Vice Chancellor Sparks stated that UCCSN had testified the

     need for computing services before both the Assembly and

     the Senate.  AB 401 was introduced on March 13, 1991, but

     no action was taken until the day before adjournment.  The

     bill was passed and calls for ".... $2,372,232 for payment

     of expenses for the acquisition and installation of computer

     hardware and software to complete the Computer Center Man-

     agement Information System".  Testimony was given that the

     $2.4 million would not complete the System.  The last day

     of the Session, Senator Raggio questioned AB 401, and the

     bill passed the Senate with the understanding that the

     amount was not enough to establish the Southern Data Center

     and that UCCSN would return in the 1993 Session for the

     final portion of the request.



     Vice Chancellor Sparks continued that the proposed reduc-

     tion plan for the Computing Center was carefully prepared

     to cause the least amount of harm to the ongoing operating

     budget.  He reminded the Board that the budget for the

     Computing Center is not formula driven; therefore, if the

     reduction was to be taken from the operating dollars, it

     would be most difficult to have the amount returned.  He

     stated that upon adjournment of the Session and prior to

     the announcement of budget cuts, the Computing Center did

     explore obtaining a machine for the Southern Center and a

     bid proposal was explored.  President Maxson stated that

     upon reviewing the situation, and with assurance from

     President Taranik that between technical adjustments and

     obtaining funds from outside sources, he would agree with

     the proposed budget reduction plan as presented.



     Mrs. Whitley moved to accept the UCCSN Computing Center plan

     as proposed.  Mr. Klaich seconded.



     Mrs. Gallagher reminded the Board that it had been difficult

     to obtain as much funding from the Legislature as UCCSN has

     received.  Mrs. Whitley stated that UCCSN has been discuss-

     ing this concern for some ten years and questioned what had

     happened to the first legislative appropriation.  Mrs.

     Gallagher replied that during Dr. Bersi's term of Chancel-

     lor, there had been an appropriation, but the monies were

     used for other purposes upon recommendation of Dr. Bersi,

     and that it has taken a long time to obtain the legisla-

     tive support enjoyed today.



     Dr. Derby requested an explanation of how the Computing

     Center under-serves the Southern Nevada area.  Vice Presi-

     dent Harry Neel replied that this is not a Southern issue,

     but there is dissatisfaction on all Campuses, and related

     to a 1986-87 independent study which called for two full

     service centers.



Mrs. Whitley left the meeting.



     Dr. Derby then questioned whether another budget reduction

     plan had been proposed, with Vice Chancellor Sparks reply-

     ing in the affirmative.  The plan would have included an

     $800,000 reduction in base operating funds, which would

     not be easy to have returned because there is no budget

     formula for this area, and could have caused personnel lay-

     offs.  The proposed plan remains consistent with other

     Campus plans and with the commitments made to the Legisla-

     ture.



     Dr. Bill Robinson, UNLV, spoke against the motion, stating

     that without a new machine in Southern Nevada, it would put

     the System at high risk.  He also stated he did not be-

     lieve there had been an attempt to bring the parties to-

     gether to review any plans, and urged the Board to vote

     against the motion.  Mrs. Gallagher suggested that Dr.

     Robinson should, when writing to Regents, send a copy to

     his President.



     President Taranik supported the motion, stating that he

     felt it would be possible to find other funds for a machine

     for Southern Nevada.



     Mrs. Berkley stated she had not heard the concern for

     Southern Nevada in the motion and would vote against it,

     adding that the Legislature could not be depended upon to

     provide funds for the current plan during the next session.



Mrs. Whitley returned to the meeting.



     President Crowley stated that President Maxson's solution

     was constructive, and reviewed the history of computing

     services.  He stated that in 1981 the Board had identified

     a tremendous problem with the Management Information System,

     and that after a "great struggle" within the System, a pro-

     posal was made to the 1983 Legislature.  Funds were appro-

     priated, spent unwisely, and the System lost credibility.

     In 1991, a proposal was presented to the Legislature, and

     up until the call for budget reductions there had been no

     need for a change in the original 1991-93 Biennial Budget

     Request; therefore, the Presidents did not discuss the

     issue.



     President Crowley stated that if UCCSN does not go forward

     with this plan, he did not want to have to tell the Legis-

     lature in 1993 that the priorities had changed once again.

     He also cautioned that the State is in the process of

     implementing a System and wants to include UCCSN, and that

     a delay of the College and University's Financial System

     (CUFS) and Human Resource System (HRS) programs would be

     inviting the State to take over ownership.  If the State

     is invited to take over the classified portion of the

     Payroll System, it will be a foot in the door and not long

     until they will want to handle all UCCSN payroll - or about

     80% of our budgets.



     Chairman Sparks questioned if there was a chance the State

     would take over the Payroll System.  Vice Chancellor Sparks

     replied that if the Board decides to purchase the machine

     for the Southern Nevada area, there will be no funds left

     for the CUFS and HRS Systems and UCCSN would risk being

     rolled into the State System.



     President Remington cautioned the Board not to confuse the

     location of the "box" with the services.  Chancellor Dawson

     told the Board that the logical time to begin the CUFS

     System is at the beginning of the fiscal year, and prior

     to that there needs to be time for "dry runs".



     Motion carried.



Dr. Hammargren announced that he had extracted promises from DRI

and UNLV for $10,000 each for the planning study on the land

proposal discussed above, and $5,000 from CCSN.



 3.  Personnel Session



     Upon motion by Mrs. Gallagher, seconded by Mr. Foley, the

     Board moved to a closed personnel session in accordance

     with NRS 241.030 for the purpose of discussion of the char-

     acter, alleged misconduct, professional competence, or

     physical or mental health of a person.



The Board recessed at 1:10 P.M. for the closed personnel session

and reconvened at 6:30 P.M., with all Regents present, except

Mr. Foley.



 4.  New Business



     A.  Board of Regents



         Mrs. Gallagher suggested the Chairman call a personnel

         session at the earliest possible time, but prior to the

         April meeting, so that Assistant General Counsel Bradley

         Booke could answer questions which had been raised this

         day.



         Dr. Derby stated she had questions answered in this

         personnel session and was confident of the leadership

         of UNLV.  However, she is concerned with the public

         perception in that they may feel their own questions

         have not been answered.  Because of that, she stated

         she continues to support some sort of follow-up inquiry

         review by the Board, but felt that the Board needs some

         sense of specificity about what the questions are in

         the public mind that remain unanswered.  She agreed

         with the first step being a personnel session with Mr.

         Booke, but after that the Board should determine what

         steps should be taken.



         Dr. Hammargren asked that an action item be placed on

         the next agenda wherein he would request the Board to

         call for an independent investigation - or to review

         any other proposal that might be submitted.  He stated

         that his request was to review all the controversy in-

         volving sports administration at any level from the

         Regents down to the last Assistant Trainer within the

         University of Nevada, Las Vegas.  Dr. Hammargren's re-

         quest is contained in Ref. A, filed with the permanent

         minutes.  Further, he suggested that the investigation

         be conducted by the Legislative Commission and that

         the Legislature should fund the study.



         Mr. Klaich stated that in his opinion an insidious

         double standard has been applied to this matter.  He

         added that since he does not live in Las Vegas, his

         information has been "second hand" and through the

         media.  However, he stated it appeared that from what

         he had read and has heard, that any allegation regard-

         less of its vagueness, regardless of its lack of foun-

         dation, regardless of its absurdity that is reported

         in any sense against the Administration is somehow taken

         as gospel and reported as such.  He continued that Mr.

         Jerry Tarkanian has called for the truth and for an

         investigation of the truth, which he whole-heartedly

         embraces.



         Mr. Klaich asked that Mr. Tarkanian and any of his

         lawyers whom he wishes to choose give to the Board the

         specific instances in which Mr. Tarkanian believes he

         has been harmed, and specifically, what Mr. Tarkanian

         wishes to be investigated.  Further, that these in-

         stances must be specific and not vague allegations.

         He also expressed his opinion that any such matters

         be of the time period since Mr. Tarkanian's resigna-

         tion in June 1991.  Which, he added, was voluntarily

         submitted in writing at a time when he was represented

         by independent counsel.



         It was suggested by General Counsel Klasic that should

         Mr. Tarkanian and his attorneys take this challenge,

         that they send their concerns to General Counsel Klasic

         who will distribute them to the Board.  Mrs. Gallagher

         added that the concerns are not to be submitted through

         the media.



         Mrs. Berkley reminded the Board that UNLV was her alma

         mater and this issue has caused her great pain.  She

         stated she was aware of the outstanding work of Presi-

         dent Maxson and felt she was able to measure where the

         University was and where it is today.  Mrs. Berkley

         stated she was confident the Board of Regents would

         "get a handle" on the situation and then go on with

         the business of the system.  She spoke in favor of an

         inquiry.



         Chairman Sparks stated that the role of the Board is to

         direct higher education in Nevada.  she continued that

         the Board will do the right thing, the fair and honest

         thing, and that it is very much aware of the dissension

         at UNLV; that it is willing to hear both sides of the

         issue; and that it will protect the University and the

         System, but will not sacrifice any institution or any

         part of it.  It is the Board's intention to spend the

         next few weeks gathering information and then will de-

         cide the next steps to take.



         Dr. Eardley stated that he felt this matter was really

         hurting UNLV and cannot be allowed to damage the insti-

         tution, that it was built for the students in that

         general area and that it will stand.  He called for a

         fast closure of this situation and cautioned that if

         it continues it will damage the State and the Univer-

         sity.



         Dr. Hammargren questioned whether his requested action

         item would be on the first agenda of the Board, which

         would be the personnel session with Mr. Booke, and

         Mrs. Sparks replied that it would, and an open discus-

         sion would be held.



     B.  Public Sector



         Mr. Alan Jones, one of the attorneys for Mr. Tarkanian,

         expressed his support of Dr. Hammargren's proposal and

         stated that he will inform Mr. Tarkanian of the request

         for specific instances he might wish investigated, and

         that he would see that those questions will be forwarded

         through General Counsel Klasic.  Mrs. Gallagher asked

         that Mr. Jones throughly understand that the Board wants

         documented support and not frivolous allegations.  Mr.

         Jones replied that he would do so, but only in public

         open session.  He added that not all evidence will be

         written, but that he would work with Legal Counsel.



         Mr. Klaich asked that the records show that Mr.

         Tarkanian's attorney had responded positively.



The meeting adjourned at 6:50 P.M.



                             Mary Lou Moser

                             Secretary of the Board

                                                       03-12-1992